Miss B Phillips v Fun Creek Ltd: 1303216/2022
JUDGMENT
The complaint that the claimant was unfairly dismissed is struck out.REASONS
[2]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than two years service to make an unfair dismissal complaint.[3]The claimant was employed by the respondent for less than two years.[4]Therefore the claimant is not entitled to bring such a complaint.[5]The claimant has failed to give an acceptable reason, despite being given the opportunity to do so, why the complaint should not be struck out.[6]Accordingly, the complaint of unfair dismissal is struck out. The claimant’s other complaints are not affected by this judgment. Employment Judge Gaskell Date: 20 September 2022 Case Number 1303216/2022 EMPLOYMENT TRIBUNALS Claimant: Bethany Phillips Respondent: Fun Creek Ltd Heard: by CVP at Birmingham On: 03 February 2023 Before: Employment Judge C Taylor Appearances For the claimant: In Person For the respondent: Did not attend[1]No response was received from the respondent in this matter. I am satisfied that I had sufficient information before me to decide the claim.[2]The claim for breach of contact is well founded and the claimant is entitled to notice pay of £222.75 gross.[3]The claim for holiday pay is well founded and the Claimant is entitled to holiday pay of £273.54 gross.[4]The respondent shall pay the claimant the total sum of £496.29 gross within 28 days.[5]The claimant shall be responsible for the payment of any tax and national insurance due, she is in communication with HMRC about tax paid upon sums declared as paid by the respondent but not received by her. Case Number 1303216/2022